Presiding officer Habiba Memon and her assistant Shagufta Memon, in their statements given at the office of the provincial election commissioner, Karachi said: “We are not giving the statement under pressure. But Waheeda Shah, along with her family members, visited us and apologised for the incident, saying that she was misguided by some polling agents.”
The statements were recorded during the trial of a case initiated on the directives of the chief election commissioner. The returning officer of PS-53 (Tando Muhammad Khan) Ali Asghar Sial recorded the eyewitness accounts of around eight people, including candidates who contested the election, police officials and others present during the by-polls. Waheeda was not present during the trial; however, her lawyer assured the returning officer that she would appear at the next hearing scheduled on Monday.
Shagufta Memon, who was caught on live television being slapped by Waheeda, avoided the press after the trial hearing. On the other hand, presiding officer Habiba Memon told the media that polling was smoothly under way when Waheeda arrived with other party workers and moments later began assaulting the assistant presiding officer saying, “Massive rigging is under way at the polling station and you people are involved in it.”
According to Habiba, the PPP candidate also assaulted her when she denied allegations of rigging, adding that Waheeda had not investigated the matter before taking such drastic action. “We called the police and the matter was resolved after Waheeda came to us and apologised,” Habiba said.
Meanwhile, Amir Zardari, an independent candidate running in the Tando Muhammad Khan constituency, also levelled serious allegations against Waheeda.
“All PPP workers, including Federal Minister for Water and Power Naveed Qamar, were personally casting bogus votes,” Zardari said, adding that police and other district machinery had been used to ensure a win for the ruling party candidate.
Talking to The Express Tribune, Provincial Election Commissioner Sono Khan Baloch said the polling staff had every right to pardon Waheeda but the Election Commission had to complete its investigation, regardless of such developments.
Baloch went on to add that Waheeda might face the consequences for creating chaos and disturbing the polling staff because the election was suspended for some time and staff was harassed. He declined further comments, saying that the matter was sub judice.
Earlier, the Supreme Court postponed further hearing for March 12 to enable the ECP, the inspector general and others to submit report.
However, legal and constitutional experts believe Waheeda Shah, who unofficially stood victorious in the by-election for Sindh Assembly’s seat PS-53, could face disqualification despite being pardoned.
Constitutional law expert Abid Hasan Minto believes Waheeda’s offence is of a public nature and non-compoundable. Since she assaulted Habiba Memon, while she was on official duty as a public functionary, a settlement between the parties to the dispute would not be sufficient to close the matter.
Justice (Retd) Tariq Mehmood seemed certain that Waheeda would have to face legal action for disturbing polling and creating chaos among voters as the charges had already been proved beyond reasonable doubt. Hamid Khan, another constitutional expert, is convinced that the pardon by the aggrieved party was obtained under coercion, pointing towards Waheeda’s influential family.
Advocate Misbah Shaheen believes that it is now completely in the hands of the court to decide Waheeda’s fate. Since the incident had shown her to be unsuitable for holding a public office, there is a chance of her being disqualified from the provincial seat.
(With additional reporting by Azam Khan in Islamabad)
Published in The Express Tribune, March 4th, 2012.
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NO TO PARDON.
Down with waheeda shah
When the media spot light is off, the PPP goons are going exact a terrible revenge.
I feel sorry for this poor women.
There is no justification acceptable, if she has not control over her emotions or aggression, no right to sit in the office, that proofs that she is myopic and unscrupulous, now she is offering unconditional apology, again cheating, if she has lament, she would have to resign from her position but she will not, The real punishment of that lady is same way slapped in-front of media, next time no one will do that, she should be life time banned. but no one will do that.
Even PPP leadership didn't take any any action against her, that means they also support her, wow the party claims women rights is quite now.
Even presiding officer pardon her, she does not deserve apology, as Chief Justice said that she committed crime against Pakistan, whole nation, not with single.
Let the apex court to decide
Presiding officer has to pass the life there that's why she had done so. but supreme court should must have to take action.
CJ annouced in last hearing provincial election commissioner would be the complainant of this case, there`s no argue of this forgiveness. she will have to face consequences of violating the conduct. and it must be executed same to stop such behavior in future
Ban her for lifetime from elections!
@ Ayesha Please read the article once again: The presiding officer has ruled out that she had pardoned Bukhari under pressure!!! DID U UNDERSTAND?
Another test case for the judiciary to show that justice can and will be done.
such disgraceful act should not be pardoned infact she should be sued for billions by the presiding officer for attacking her dignity but alas what to say...no wonder we are the laughing stock of the world.waheeda shah should be banned for life and made an example of for the entire nation to see.it is also astonishing to see that neither the PM nor the president has taken notice..for what it seems like these two morons encourage such acts by their party people in order to demoralize the nation...
she has pleaded guilty in effect at the sc by apologising no way out guilty
Wahida shah should be punished.....:)
Its the matter of concern for the state and not only the victim. But again, what state? Banana Republic!
The supreme court should take action against Waheeda Shah regardless of wat the victim decides. it should set an example for all other landlords and politicians who think they are above the law.
If PPP has any sense of ethics, morality, and reverence to the constitution,and rule of law, it should fire Ms. Shah from the party. Entertaining her in the party establishes that ethics have no bearing in the party code. What kind of example does the party leadership show case to the young people of PAK?
Shame on the Oxford educated Party chairman. How can he even justify her case; will his mother approve of the conduct of Ms. Shah and his as well?
Can the co-chairman justify the party's inaction to his daughters?
The officer pardon is a personal matter. SC must review the case because it voilates the rules of law and land. We must understand, if the officer does not pardon, she may be raped, killed or transferred, harrased or kidnapped by the politician,.goverment machianary, and police. CJ please enforce the law of land. Waheeda Shah must be disqualified,and sent in the jail as per Pakistan law.
Crime is against the state not an individual, she should be prosecuted
Come on guys chill ... this is how we work here in our country !!!! remember that MPA using stolen credit card in the jewellery shop ? well documented on the CCTV and telephone calls .... and after a few days the same jewellers were saying that NO she was not the one !!!! hahahahahahha ... learn to do "mukk mukkaa" in the greater interest of democracy and public interest ...
Corrupt & arrogant stooges.
The woman should be an example, This is not a matter of fogiveness as she has slapped a polling officer rather it is a slap on the face of all the concerned people. We are sure that the Supreme Court must understand that what sort of forgiveness is this, she must have been pressured, so a woman can not face the pressure, we appeal Chief Justice Iftikhar Muhammad Chaudhary to make Waheeda Shah an example so other black sheeps, can not repeat such things in future...!
"Provincial Election Commissioner says she will have to face consequences if she is found guilty". Well, if a video evidence is not enough to find her guilty then I don't know what is? I can imagine if there were some other lady, a poor woman who had done this should would have been behind bars already.
This is D-I-S-G-R-A-C-E-F-U-L. Nothing can be done when the law in force, itself, is beholden to the waderas. Raisani's son and friends beat up the cops and proudly get themselves photographed with shirt buttons open and sitting with their legs on the sofa.
Such is life and disorder in Pakistan. It makes me wonder who was right, the Quaid-e-Azam or Maulana Abul Kalam Azad? (Praying that I am wrong). Salams
It was a crime against the state as stated by the SC.poor presiding officers pardon should not matter much. The state should go ahead and take severe action agaainst waheeda shah.
Most of these cases do not carry a severe penalty and are settled out of court. A slap is not going to put the culprit in jail for any length of time. However, the forgiveness can bring lot of money and comfort to the victim. To the people who are unhappy about the forgiveness and proclaiming it as a result of force and pressure can they realize if it is true then what would happen if the culprit gets the punishment? Is the powerful culprit going to easily forgive and forget? In a country where the murders are settled after paying the blood money is legal, all this noise is pure hypocrisy. After all most of these laws are made by the rich and powerful for their own protection, not for the protection of victims especially if they happen to be poor. It is ironic that these same judges have released the gang rape victims of M. Mai, and release almost all the terrorists. Yet they are so outraged about a slap! There has to be a sense of proportionality and fairness in the crime and punishment.
The victim is obviously threatened. Her so-called forgiveness must be declared null-and-void. It is high time the Supreme Court set a new precedent.
Besides, the attack was against the state and not just an individual.
We should not weep for our backwardness, we create our own heroes and villains, we pardoned the offenders......and in a way a help the people who are responsible for destroying the fabric of our moral values. We deserve to be at the lowest web. We pardon Raymonds and we forgive Waheedas and the Court keeps looking.....even after taking the sou motos,,,,se does not need to be pardoned by the law..
Disturbing law and order and manhandling the polling staff at the booth are National Issues.The national pride is hurt hence the supreme court is the venue for the verdict.I am sure no one wants repeat of the savage attack and look forward to hearing from the supreme court ,the upholder of the constitution .
What other evidence is required to FIND this woman guilty??????
Waheeda Shah should be given the most strictest punishment and example should be made of her. She makes me sick.
The pardoning by the aggrieved perfectly sums up the power of the wadheras. The polling officer had no options if she wanted to remain safe. One hopes that the SC pursues this case to conclusion.
Forgiven under pressure. Shame on Waheeda Bukhari. What a shame!
Waheeda Shah should be banned for life from being elected into any office.
The crime is committed against the state and the society and not just against the individual victim. Therefore, the victim does not have the right to absolve a criminal of her crimes by forgiving her. That is what happens in civilised nations. The course of justice should not depend on the wishes or desires of the assaulter or the victim but on the LAW of the country. The victim forgives or not forgive should therefore be inconsequential and this lady be prosecuted and justice done.
The victime may decide for herself but her decision can not and must not influence the Supreme Court------the rule of law must prevail and the proceedings must take the right course. This woman drunk with her sense of power and feudal mind set must be taught a good lesson in abiding and respecting the law and agents of the state. No pardons or tolerance for any such abhorable characters like this Shah-Bukhari woman, I want to see her broken down to the pices that made her so arrogant and out of control. No mercy and no consideration whatever, reduce her to her very basic element.
Waheeda shah should not be fiorgiven, this incident is a test tcase for the election commision and the apex court.
The Presiding Officer has been threathned of dire consequences by Secretary Establishment and therefore she has no other option to forgive Waheeda Shah who slapped her on the polling day.
This is how the politics is played in Pakistan.
People refused to identify the killers of their loved ones in the court and in the presence of Judges due to lives threaths, what to talk about the case of pardoning Waheeda Shah by the presiding officer.
In my opinion, whether Waheeda Shah has been pardoned or not, the law should take its course of action so that in future no politicial candidate or legislature should repeat the action whether in the parliament or at public places.
Nooooooooooooooooooooooo. Why? Seeing this makes me think that we Pakistanis are responsible for all the ills.
It was expected, but what a shame for Waheeda Shah